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Para 10 - MSE Procurement Policy | KartavyaDesk

Non-Consultancy Manual

Original Rule Text

Ans. To redress the grievances of MSEs related to non-compliance of the Policy a Grievance Cell named “CHAMPION Portal” has been set up in the Ministry of MSME. Q. No.14: Whether there is any kind of purchase that has been kept out of the purview of procurement under the Policy? If yes, how is the monitoring of the set goal done? Ans. Given their unique nature, Defence armament imports will not be included in computing 25% goal for M/o Defence. In addition, Defence Equipments like weapon systems, missiles, etc. will remain out of purview of such policy of reservation. Monitoring of goals set under the policy will be done, in so far as they relate to the Defence sector, by Ministry of Defence itself in accordance with suitable procedures to be established by them. Q.No.15: From where can the details of the Policy be obtained? Ans. Policy details are available on the website of this office at www.dcmsme.gov.in. Q.No.16: Is this policy mandatory under any Act? Ans. Yes, the Policy is mandatory and notified under the MSMED Act, 2006. Q.No.17: How many items are reserved for exclusive purchase from MSEs? Ans. There are 358 items reserved for exclusive purchase from MSE Sector. Q.No.18: Whether this policy is applicable for works/ trading activities also? Ans. Policy is meant for procurement of only goods produced and services rendered by MSEs. However, traders/ distributors/ sole agent/ Works Contract are excluded from the purview of Public Procurement Policy for MSEs Order,2012. Q.No.19: Whether the Policy is applicable for MSEs registered with NSIC? Ans. The Policy is applicable for all MSEs registered under Udyam Registration and Udyog Aadhar Memorandum (valid till 31.03.2022). Q.No.20: Whether the Policy provides benefits for exemption from Security Deposit/ Performance Bank Guarantee to MSEs? Ans. No, there is no exemption on Security Deposit/ Performance Bank Guarantee under the Policy. Q.No.21: Can MSEs quoting a price within the band L1+15% be given complete supply to tender in case tender item cannot be split /divided? Ans. In case of tender item cannot be split or divided, etc. the MSE quoting a price within the band L1+15% may be awarded for full/ complete supply of total tendered value to MSE, considering the spirit of the Policy for enhancing Govt. Procurement from MSEs. Q.No.22: Which are the MSEs owned by SC/ST enterprises? Ans. The definition of MSEs owned by SC/ ST is as given under: (a) In case of proprietary MSE, proprietor(s) shall be SC /ST. (b) In case of partnership MSE, the SC / ST partners shall be holding at least 51% shares in the unit. (c) In case of Private Limited Companies, at least 51% share shall be held by SC/ST promoters. Q.No.23: Can the Central Government Ministries/ Departments/ CPSEs who have a meagre value of total procurement be exempted from the Policy? Ans. The Policy is applicable to all the Central Government Ministries / Departments / CPSEs, irrespective of the volume and nature of procurement. Q.No.24: Does the Policy have a provision for exemption from 25% procurement target?

What This Means

Para 10 of the Manual for Procurement of Non-Consultancy Services clarifies several aspects of the Public Procurement Policy for Micro and Small Enterprises (MSEs). It explains how grievances are handled, what types of purchases are excluded from the policy's goals (specifically mentioning defense-related procurements), and where to find the policy details. It also confirms the mandatory nature of the policy under the MSMED Act, 2006, and specifies the number of items reserved for exclusive purchase from MSEs. The policy applies to goods and services provided by MSEs, excluding traders, distributors, and works contracts. It also clarifies the applicability of the policy to MSEs registered under Udyam Registration and Udyog Aadhar Memorandum.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • A grievance cell called "CHAMPION Portal" is set up in the Ministry of MSME to address MSE grievances.
  • Defense armament imports and certain defense equipment are excluded from the 25% procurement goal.
  • The Public Procurement Policy for MSEs is mandatory under the MSMED Act, 2006.
  • 358 items are reserved for exclusive purchase from the MSE sector.
  • The policy applies to goods and services from MSEs, excluding traders, distributors, and works contracts.

Practical Example

The Ministry of Culture needs to procure 500 handcrafted statues for a national event. They float a tender. Two MSEs, 'Kala Kendra' and 'Shilpa Udyog', participate along with a large corporation. 'Kala Kendra' is owned by an SC/ST entrepreneur and quotes a price within L1+15%. Even if the large corporation quotes the lowest price (L1), the Ministry, considering the spirit of the Public Procurement Policy for MSEs, can award the entire contract to 'Kala Kendra' if the tender item cannot be split or divided. The Ministry must also ensure that 'Kala Kendra' is registered under Udyam Registration to be eligible for the benefits.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

Where can I register a grievance if I believe the Public Procurement Policy for MSEs is not being followed?
You can register your grievance on the CHAMPION Portal, which is set up in the Ministry of MSME.
Does the Public Procurement Policy for MSEs apply to all types of government purchases?
No, certain purchases, such as defense armament imports and specific defense equipment, are excluded from the policy's procurement goals.
Is this policy optional or mandatory for government departments?
The Public Procurement Policy for MSEs is mandatory and notified under the MSMED Act, 2006.
Are there any specific benefits for MSEs owned by SC/ST entrepreneurs?
Yes, MSEs owned by SC/ST entrepreneurs receive preferential treatment under the policy, as demonstrated in the practical example. The definition of MSEs owned by SC/ ST is clearly defined in the rule.
If an MSE quotes a price within the L1+15% band, are they guaranteed the contract?
Not guaranteed, but they may be awarded the full contract if the tender item cannot be split or divided, considering the policy's aim to enhance government procurement from MSEs.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

Which of the following is the designated grievance redressal mechanism for MSEs concerning non-compliance with the Public Procurement Policy?

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